Senate Bill No. 336
(By Senators Plymale, Edgell, Green, Hunter, Stollings, Wells,
White, Boley, Guills, Hall and Sprouse)
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[Originating in the Committee on Education;
reported January 26, 2007.]
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A BILL to repeal §18B-5-8 of the Code of West Virginia, 1931, as
amended; to amend and reenact §18B-1B-3 of said code; to amend
and reenact §18B-2A-1 of said code; to amend and reenact
§18B-2B-3 and §18B-2B-5 of said code; to amend and reenact
§18B-9-4 of said code; to amend and reenact §18C-3-1 of said
code; and to amend and reenact §18C-7-6 of said code, all
relating to higher education generally; Higher Education
Policy Commission; West Virginia Council for Community and
Technical College Education; institutional boards of
governors; providing for election of officers; terms of
office; meetings; criteria for setting chancellor's salary;
authorizing salary increases for certain classified employees
under certain circumstances; increasing portion of a medical
student loan that may be cancelled under certain
circumstances; clarifying authority to promulgate rules governing operation of PROMISE scholarship; and deleting
obsolete language.
Be it enacted by the Legislature of West Virginia:
That §18B-5-8 of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-1B-3 of said code be amended and reenacted;
that §18B-2A-1 of said code be amended and reenacted; that
§18B-2B-3 and §18B-2B-5 of said code be amended and reenacted; that
§18B-9-4 of said code be amended and reenacted; that §18C-3-1 of
said code be amended and reenacted; and that §18C-7-6 of said code
be amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-3. Meetings and compensation.
(a) The secretary of education and the arts shall call the
initial meeting of the commission and preside until a chairperson
is selected. Thereafter, The commission shall meet as needed at
the time and place specified by the call of the chairperson.
(b) The commission shall hold an annual meeting at the final,
regularly scheduled meeting of each fiscal year each June for the
purpose of electing officers. for the next fiscal year. At the
annual meeting, the commission shall elect from its members
appointed by the governor a chairperson and other officers as it
may consider necessary or desirable. Provided, That the initial
meeting for the purpose of selecting the first chairperson and other officers shall be held during July, two thousand, or as soon
thereafter as practicable. All officers shall be are elected from
the citizen appointees. The chairperson and other officers shall
be are elected for a one-year term commencing on the first day of
July following the annual meeting and ending on the thirtieth day
of June of the following year. Provided, however, That the terms
of officers elected in July, two thousand, begin upon election and
end on the thirtieth day of June, two thousand one. The
chairperson of the board commission may serve no more than two four
consecutive terms as chair.
(c) Members of the commission shall be reimbursed for actual
and necessary expenses incident to the performance of their duties
upon presentation of an itemized sworn statement thereof. The
foregoing reimbursement for actual and necessary expenses shall be
paid from appropriations made by the Legislature to the commission.
(d) A majority of the members constitutes a quorum for
conducting the business of the commission.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment.
(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University, Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, Southern West Virginia
Community and Technical College, West Liberty State College, West
Virginia Northern Community and Technical College, the West
Virginia School of Osteopathic Medicine, West Virginia State
University and West Virginia University.
(b) The institutional board of governors for Marshall
University consists of sixteen persons and the institutional board
of governors for West Virginia University consists of eighteen
persons. Each other board of governors consists of twelve persons.
(c) Each board of governors includes the following members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional board of governors at Marshall
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairperson of the institutional board of advisors of Marshall Community and Technical College serving as an
ex officio, voting member.
(5) For the institutional board of governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairpersons of the following boards serving
as ex officio, voting members:
(A) The institutional board of advisors of:
(i) The Community and Technical College at West Virginia
University Institute of Technology; and
(ii) West Virginia University at Parkersburg; and
(B) The Board of Visitors of West Virginia University
Institute of Technology.
(6) For each institutional board of governors of an
institution that does not have an administratively linked community
and technical college under its jurisdiction, nine lay members
appointed by the Governor, by and with the advice and consent of
the Senate, pursuant to this section.
(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:
(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of advisors of the administratively linked community and technical
college; and
(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.
(d) Of the eight or nine members appointed by the Governor, no
more than five may be of the same political party. Of the twelve
members appointed by the Governor to the governing boards of
Marshall University and West Virginia University, no more than
seven may be of the same political party. Of the eight or nine
members appointed by the Governor, at least six shall be residents
of the state. Of the twelve members appointed by the Governor to
the governing boards of Marshall University and West Virginia
University, at least eight shall be residents of the state.
(e) The student member serves for a term of one year. Each
term begins on the first day of July.
(f) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are eligible
to succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.
(g) The member representing classified employees serves for a
term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of eight consecutive years.
(h) The appointed lay citizen members serve terms of four
years each and are eligible to succeed themselves for no more than
one additional term.
(i) A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the occurrence of the
vacancy in the same manner as the original appointment or election.
Except in the case of a vacancy, all elections shall be held and
all appointments shall be made no later than the thirtieth day of
June preceding the commencement of the term. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year. A member may not serve as
chairperson for more than two four consecutive years.
(j) The appointed members of the institutional boards of
governors serve staggered terms of four years.
(k) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, a member of an institutional board of
advisors of any public institution of higher education, an employee
of any institution of higher education, an officer or member of any
political party executive committee, the holder of any other public office or public employment under the government of this state or
any of its political subdivisions or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees, students or chairpersons of
the boards of advisors or the superintendent of a county board of
education from being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of an institutional board of
advisors of any public institution of higher education; an employee
of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or chairpersons of the boards of advisors from being
members of the governing boards.
(l) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as such
by taking and subscribing to the oath of office prescribed by
section five, article IV of the Constitution of West Virginia and
the certificate thereof shall be filed with the Secretary of State.
(m) A member of a governing board appointed by the Governor
may not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(n) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-3. West Virginia Council for Community and Technical
College Education; supervision of chancellor; chief
executive officer.
(a) There is continued the West Virginia Council for Community
and Technical College Education. The council has all the powers
and duties assigned by law to the Joint Commission for
Vocational-Technical-Occupational Education prior to the effective
date of this section and such other powers and duties as may be assigned by law.
(b) Chancellor for Community and Technical College Education.
(1) The council shall employ a chancellor for community and
technical college education. The chancellor serves as chief
executive officer of the council at the will and pleasure of the
council. The chancellor shall be is compensated at a level set by
the council not to exceed eighty percent of the average annual
salary of the chancellor for higher education chief executive
officers of the state systems of higher education in the states
that comprise the membership of the Southern Regional Education
Board.
(1) The vice chancellor for community and technical college
education and workforce development, as the current chief executive
officer of the council, shall continue in such capacity upon the
effective date of this section, and shall be the chancellor for
community and technical college education.
(A) The council shall conduct a written performance evaluation
of the chancellor one year after the effective date of this
section. The council shall report the results of the evaluation to
the legislative oversight commission on education accountability
during the legislative interim meeting period following the
evaluation.
(B) After reviewing the evaluation, the council shall make a
determination by vote of its members on continuing employment and compensation level for the chancellor.
(C) (2)
After the initial contract period, the council shall
conduct written performance evaluations of the chancellor annually
and may offer the chancellor a contract of longer term, but not to
exceed three years. At the end of each contract period, the
council shall review the evaluations and make a determination by
vote of its members on continuing employment and level of
compensation.
(D) (3) When a vacancy occurs in the position of chancellor,
the council shall enter into an initial employment contract for one
year with the candidate selected to fill the vacancy. At the end
of the initial period, the council shall make a determination by
vote of its members on continuing employment and compensation level
for the chancellor and shall continue thereafter as set forth in
paragraph (C) subdivision (2) of this subdivision subsection.
(2) The chancellor maintains all benefits of employment held,
accrued and afforded as the vice chancellor for community and
technical college education and workforce development. Such
benefits include, but are not limited to, retirement benefits,
continued membership in the same retirement system, any insurance
coverage and sick and annual leave. For the purposes of leave
conversion established in section thirteen, article sixteen,
chapter five of this code, the chancellor is not a new employee,
and the prohibition on conversion does not apply if the chancellor was eligible for leave conversion while serving as vice chancellor
on the day preceding the effective date of this section. On the
effective date of this section, for the purpose of section
thirteen, article sixteen, chapter five of this code, the
chancellor:
(A) Maintains all sick and annual leave accrued, and all
rights to convert the leave that had been accrued as vice
chancellor; and
(B) Continues to maintain his or her status for eligibility
under the provisions and application of said section as applied
while serving as vice chancellor on the day preceding the effective
date of this section.
§18B-2B-5. Meetings and compensation.
(a) The council shall hold at least eight meetings annually
and may meet more often meet as needed at the time and place
specified at the call of the chairperson.
One such meeting each
year shall be a public forum for the discussion of the goals and
standards for workforce development, economic development and
vocational education in the state.
(b) The council shall hold an annual meeting at its final,
regularly scheduled meeting of each fiscal year each June for the
purpose of electing officers. for the next fiscal year. At the
annual meeting, the council shall elect from its appointed voting
members a chairperson and other officers as it may consider necessary or desirable. The chairperson and other officers are
elected for two-year one-year terms commencing on the first day of
July following the annual meeting and ending on the thirtieth day
of June of the following year. The chairperson of the board council
may serve no more than two four consecutive two-year one-year terms
as chair. , except that the member serving as chairperson of the
council on the effective date of this section is eligible to serve
a two-year term regardless of the number of consecutive terms
already served.
(c) Members of the council serve without compensation.
Members shall be reimbursed for all reasonable and necessary
expenses actually incurred in the performance of official duties
under this article upon presentation of an itemized sworn statement
of their expenses. An ex officio member of the council who is an
employee of the state is reimbursed by the employing agency.
(d) A majority of the voting members appointed constitutes a
quorum for conducting the business of the council. All action
taken by the council shall be by majority vote of the voting
members present.
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
SYSTEM.
§18B-9-4. Establishment of personnel classification system;
assignment to classification and to salary schedule.
(a) The commission shall implement an equitable system of job classifications, with the advice and assistance of staff councils
and other groups representing classified employees, each
classification to consist of related job titles and corresponding
job descriptions for each position within a classification,
together with the designation of an appropriate pay grade for each
job title, which system shall be the same for corresponding
positions of the commission and in institutions under all governing
boards. The equitable system of job classification and the rules
establishing it which were in effect immediately prior to the
effective date of this section are hereby transferred to the
jurisdiction and authority of the commission and shall remain in
effect unless modified or rescinded by the commission.
(b) Any classified staff salary increases distributed within
state institutions of higher education on the first day of July,
two thousand one, shall be in accordance with the uniform employee
classification system and a salary policy adopted by the interim
governing board and approved by the commission. Any classified
salary increases distributed within a state institution of higher
education after the first day of July, two thousand one, shall be
in accordance with the uniform classification system and a uniform
and equitable salary policy adopted by each individual board of
governors. Each salary policy shall detail the salary goals of the
institution and the process whereby the institution will achieve or
progress toward achievement of placing each classified employee at his or her minimum salary on the schedule established pursuant to
section three of this article.
(c) No classified employee defined as nonexempt from the wage
and hour provisions of the Fair Labor Standards Act of 1938, as
amended, may be paid an annual salary in excess of the salary
established by the salary schedule for his or her pay grade and
years of experience. A classified employees employee defined as
exempt from the wage and hour provisions of the Fair Labor
Standards Act of 1938, as amended, may receive a salary in excess
of the salary established by the salary schedule for his or her pay
grade and years of experience but only if all such exempt employees
at the institution are receiving at least the minimum salary for
their pay grade and years of experience as established for them by
the salary schedule: Provided, That no exempt classified employee
may receive a salary in excess of the highest salary provided for
his or her pay grade in the salary schedule any salary increase
must be provided in a manner that is consistent with the uniform
classification system and the institution's salary policy.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-1. Health Education Loan Program; establishment;
administration; eligibility and loan cancellation; required
report.
(a) For the purposes of this section, "vice chancellor of
administration" means the person employed pursuant to section two,
article four, chapter eighteen-b of this code.
(b) There is continued a special revolving fund account under
the commission in the State Treasury to be known as the Health
Education Student Loan Fund which shall be used to carry out the
purposes of this section. The fund consists of:
(1) All funds on deposit in the medical student loan fund in
the state treasury or which are due or become due for deposit in
the fund as obligations made under the previous enactment of this
section;
(2) Those funds provided pursuant to the provisions of section
four, article ten, chapter eighteen-b of this code;
(3) Appropriations provided by the Legislature;
(4) Repayment of any loans made under this section;
(5) Amounts provided by medical associations, hospitals or
other medical provider organizations in this state, or by political
subdivisions of the state, under an agreement which requires the
recipient to practice his or her health profession in this state or
in the political subdivision providing the funds for a
predetermined period of time and in such capacity as set forth in
the agreement; and
(6) Other amounts which may be available from external sources.
Balances remaining in the fund at the end of the fiscal year
do not expire or revert. All costs associated with administering
this section shall be paid from the Health Education Student Loan
Fund.
(c) The vice chancellor for administration may utilize any
funds in the Health Education Student Loan Fund for the purposes of
the Medical Student Loan Program. The commission shall give
priority for the loans to residents of this state, as defined by
the commission. An individual is eligible for loan consideration
if the individual:
(1) Demonstrates financial need;
(2) Meets established academic standards;
(3) Is enrolled or accepted for enrollment at one of the
aforementioned schools of medicine in a program leading to the
degree of medical doctor (M.D.) or doctor of osteopathy (D.O.);
(4) The individual has not yet received one of the degrees
provided in subdivision (3) of this subsection; and
(5) Is not in default of any previous student loan.
(d) At the end of each fiscal year, any individual who has
received a medical student loan and who has rendered services as a
medical doctor or a doctor of osteopathy in this state in a
medically underserved area or in a medical specialty in which there is a shortage of physicians, as determined by the Division of
Health at the time the loan was granted, may submit to the
commission a notarized, sworn statement of service on a form
provided for that purpose. Upon receipt of the statement the
commission shall cancel
five ten thousand dollars of the
outstanding loan or loans for every full twelve consecutive
calendar months of such service.
(e) No later than thirty days following the end of each fiscal
year, the vice chancellor for administration shall prepare and
submit a report to the commission for inclusion in the statewide
report card required under section eight, article one-b, chapter
eighteen-b of this code to be submitted to the Legislative
Oversight Commission on Education Accountability established under
section eleven, article three-a, chapter twenty-nine-a of this
code. At a minimum, the report shall include the following
information:
(1) The number of loans awarded;
(2) The total amount of the loans awarded;
(3) The amount of any unexpended moneys in the fund; and
(4) The rate of default during the previous fiscal year on the
repayment of previously awarded loans.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-6. PROMISE Scholarship Program requirements; legislative
rule.
(a) A PROMISE scholarship annual award meets the following
conditions:
(1) Equals but does not exceed the cost of tuition for a
student enrolled in a state institution of higher education;
(2) Equals an amount determined by the board, but not to
exceed the cost of tuition at state institutions of higher
education, for a student enrolled in an eligible institution that
is not a state institution of higher education; and
(3) Is used by an eligible institution to supplement, but not
to supplant, a tuition and fee waiver for which the individual is
eligible pursuant to section five, six-a or seven, article ten,
chapter eighteen-b of this code.
(b) The total cost of all scholarships awarded by the board in
any year may not exceed the amount of funds available to the board
during that fiscal year.
(c) An individual shall meet the following conditions in order
to be eligible to receive a PROMISE scholarship award:
(1) Submit a scholarship award application to the board:
(A) Within two years of graduating from high school or within two years of acquiring a general equivalency degree if provided
instruction in the home or other approved place pursuant to
Exemption B, section one, article eight, chapter eighteen of this
code; or
(B) Within seven years of initially entering military service,
and within one year of discharge from such military service, if the
individual has entered the United States armed services within two
years after graduating from high school;
(2) Apply for and submit to the board a free application for
federal student aid;
(3) Maintain a grade point average of at least 3.0 on a 4.0
grading scale in the required core and elective course work
necessary to prepare students for success in post-secondary
education at the associate and baccalaureate degree levels as
determined by the board, if the individual has completed not more
than one semester or term at an institution of higher education,
excluding credits earned in advanced placement, international
baccalaureate, dual credit and comparable courses while the student
is enrolled in high school;
(4) Maintain appropriate academic progress toward the
completion of a degree at the undergraduate education level as
determined by the board if the individual has completed more than
one semester or term at an institution of higher education, excluding credits earned in advanced placement, international
baccalaureate, dual credit and comparable courses while the student
is enrolled in high school;
(5) Meet additional objective standards as the board considers
necessary to promote academic excellence and to maintain the
financial stability of the fund;
(6) Enroll in an eligible institution. Any student enrolled
at an eligible institution who receives a PROMISE scholarship award
may retain and renew the scholarship to complete his or her
undergraduate education at that institution, or any other eligible
institution:
(A) If the institution at which the student is enrolled loses
its status as an eligible institution pursuant to the provisions of
subdivision (2), subsection (a), section three of this article; and
(B) If the student meets all other renewal requirements of
this code and of board applicable rules.
(7) It is the intent of the Legislature that the board shall
strongly encourage prospective candidates for the PROMISE
scholarship to perform at least twenty hours of unpaid community
service while in high school to help prepare them for success in
post-graduate education. The community service may include, but is
not limited to, participation with nonprofit, governmental or
community-based organizations designed to:
(A) Improve the quality of life for community residents;
(B) Meet the needs of community residents; or
(C) Foster civic responsibility.
(d) The board shall recommend a legislative rule to the
commission to implement the provisions of this article. The
commission shall promulgate a legislative rule in accordance with
the provisions of article three-a, chapter twenty-nine-a of this
code.
(1) The rule shall include at least the following provisions:
(A) The amount of a PROMISE scholarship award may not exceed
the cost of tuition at state institutions of higher education;
(B) The amount of a PROMISE scholarship award in combination
with aid from all other sources may not exceed the cost of
education at the institution the recipient is attending. This
provision does not apply to members of the West Virginia National
Guard, recipients of an Underwood-Smith teacher scholarship and
recipients of a West Virginia engineering, science and technology
scholarship;
(C) Additional objective standards as the board considers
necessary:
(i) To promote academic excellence;
(ii) To maintain the financial stability of the fund; and
(iii) To operate the program within the limits of available
funds.
(D) Provisions for making the highest and best use of the
PROMISE Scholarship Program in conjunction with the West Virginia
Prepaid Tuition Trust Act set forth in article thirty, chapter
eighteen of this code;
(E) A provision defining the relationship of PROMISE
scholarship awards to all other sources of student financial aid to
ensure maximum coordination. The provision shall include the
following:
(i) Methods to maximize student eligibility for federal
student financial aid;
(ii) A requirement that PROMISE scholarship awards not
supplant tuition and fee waivers; and
(iii) Clarification of the relationship between the PROMISE
Scholarship Program, tuition savings plans and other state-funded
student financial aid programs;
(F) A method for awarding scholarships within the limits of
available appropriations, including circumstances when program
funds are not sufficient to provide awards to all eligible
applicants. The board may not utilize any of the following
methods:
(i) Making a scholarship award for an amount less than the cost of full tuition for a student enrolled in a state institution
of higher education; or
(ii) Eliminating any current recipient from eligibility;
(G) A method for applicants to appeal determinations of
eligibility and renewal.
(2) The rule may provide for or require the following at the
board's discretion:
(A) Requiring repayment of the amount of the scholarship, in
whole or in part, if a scholarship recipient chooses to work
outside the state after graduation: Provided, That rule may not
require a recipient to repay a scholarship, in whole or in part,
unless the prospective recipient has been informed of this
requirement in writing before initial acceptance of the PROMISE
scholarship award.
(B) Targeting a portion of the scholarship funds to be used
for applicants enrolled in an engineering, science, technology or
other designated program;
(C) Determining what other sources of funding for higher
education are to be deducted from the PROMISE scholarship award;
and
(D) Providing additional criteria as determined by the board.
(3) The Legislature finds that an emergency exists and,
therefore, the board commission shall file a rule to implement the provisions of this section as an emergency rule pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code.
The rule is subject to the prior approval of the Legislative
Oversight Commission on Education Accountability.
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